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)

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Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 1 of 5 1 2 3 4 5 6 7 Bradley T. Austin, Esq. Nevada State Bar No. 13064 Snell & Wilmer, LLP 3883 Howard Hughes Pkwy, Suite 1100 Las Vegas, NV 89169 Tel: 702-784-5200 Fax: 702-784-5252 Email: baustin@swlaw.com Attorneys for Defendant Equifax Information Services, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 HIEP D. LE, Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 11 12 13 14 Case No. 2:16-cv-02393-RFB-GWF Plaintiff, vs. STIPULATED PROTECTIVE ORDER BANK OF AMERICA, NATIONAL ASSOCIATION; EQUIFAX INFORMATION SERVICES, LLC, 15 Defendants. 16 17 It is hereby stipulated by and between Plaintiff, Hiep Le (“Plaintiff”), and Defendant, 18 Equifax Information Services LLC (“Defendant”), through their respective attorneys of record, as 19 follows: 20 1. This Order shall govern the use, handling and disclosure of all documents, 21 testimony or information produced or given in this action that are designated to be subject to this 22 order in accordance with the terms hereof. 23 2. Any party producing or filing documents or other materials in this action may 24 designate such materials and the information contained therein subject to this order by typing or 25 stamping on the front of the document, or on portion(s) of the document for which confidential 26 treatment is desired, “CONFIDENTIAL” if the party has a reasonable and good faith belief the 27 material contains a trade secret or other confidential research, development or commercial 28 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 1 3. All materials designated as CONFIDENTIAL, and all information derived 2 therefrom (including but not limited to all testimony, deposition or otherwise, that refers, reflects 3 or otherwise discusses any such materials), shall not be used, directly or indirectly, by any person 4 for any business, commercial or competitive purposes or for any purpose whatsoever other than 5 solely for the preparation and trial of this action in accordance with this Order. 6 4. Except with the prior written consent of the party asserting confidential treatment 7 or pursuant to court order, any document or materials given confidential treatment under this 8 order, and any information contained in, or derived from, any such materials may not be disclosed 9 other than in accordance with this order and may not be disclosed to any person other than the 10 court and: Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 11 a. Parties to this litigation; 12 b. Counsel for the respective parties to this litigation and clerks, paralegals, 13 secretaries or other employees of counsel; 14 15 c. d. Experts specially retained as consultants or expert witnesses in connection this litigation; 16 17 Witnesses expected to be deposed or to testify in court or by affidavit in with this litigation. 18 5. Documents produced pursuant to this order shall not be made available to any 19 person designated in subparagraph 4(d) unless he or she shall have first read this order and agree 20 to be bound by its terms. 21 6. The parties and their attorneys shall take all necessary and proper steps to preserve 22 the confidentiality of, and to protect the rights of the party asserting confidential treatment with 23 respect to, any information designated by said party as CONFIDENTIAL in accordance with this 24 order. 25 7. If CONFIDENTIAL information submitted in accordance with this order is 26 disclosed to any person other than in a manner authorized by this order, the party responsible for 27 the disclosure must immediately upon learning of the disclosure bring all pertinent facts relating 28 to such disclosure to the attention of the party asserting confidential treatment, make every effort -2- Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 3 of 5 1 to prevent further disclosure by the responsible party or by the person who was the recipient of 2 such information. 3 8. 4 Nothing set forth herein prohibits the use in this litigation of any information designated as CONFIDENTIAL. 5 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 8 the materials have been improperly classified, the receiving party may seek appropriate relief 9 from this Court. The designating party shall have the burden of proving that any document 10 designated as CONFIDENTIAL is entitled to such protection. During the pendency of any 11 Snell & Wilmer the parties shall first try in good faith, via a telephone conference, to resolve the disagreement 7 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 6 challenge to the designation of a document or information as CONFIDENTIAL, the designated 12 document or information shall continue to be treated as CONFIDENTIAL, consistent with the 13 designating party’s designation, until the Court has ruled on the receiving party's motion. 14 10. Within sixty (60) days after the conclusion of this case, the parties shall assemble 15 and return to the designating party all materials containing information designated in accordance 16 with paragraph 2, above. The designating party may elect to have its designated materials 17 destroyed rather than returned, in which case the other party shall provide written verification that 18 the materials, including any summaries, extracts, compilations, notes or other attorney work 19 product, have been destroyed. 20 11. This Order shall remain binding after the conclusion of this case unless otherwise 21 ordered by the Court, and the Court shall retain jurisdiction over all parties bound hereby for the 22 purposes of enforcing this Order. Each individual signing the acknowledgment attached as 23 Exhibit “A” agrees to be subject to the jurisdiction of this Court for purposes of this Order. 24 12. This Order does not prevent any party from seeking to seal trial transcripts and/or 25 trial exhibits, including documents previously filed under seal, or from seeking any other similar 26 relief. 27 28 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 -3- Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 4 of 5 1 issue in this case. The designation of any materials as "CONFIDENTIAL" does not waive that 2 party's objection to any discovery on the ground that it seeks information protected by Federal 3 Rule of Civil Procedure 26(c) or other provision of law. 4 AGREED and STIPULATED to by the parties on March 2, 2017: 5 AGREED TO: 6 7 8 9 10 Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 11 12 13 /s/ Bradley T. Austin Bradley T Austin Snell & Wilmer LLP 3883 Howard Hughes Pkwy., Ste. 1100 Las Vegas, NV 89169 Telephone: 702-784-5200 Fax: 702-784-5252 Email: baustin@swlaw.com /s/ David H. Krieger David H. Krieger Haines & Krieger, LLC 8985 S. Eastern Avenue Suite 350 Henderson, NV 89123 Telephone: (702) 880-5554 Fax: (702) 383-5518 Email: dkrieger@hainesandkrieger.com Attorneys for Defendant Equifax Information Services LLC Attorneys for Plaintiff 14 15 ORDER 16 IT IS SO ORDERED. 17 March 3, 2017 Dated: __________, _____ 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 -4- Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 5 of 5 1 ATTACHMENT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 The undersigned hereby acknowledges that he/she has read the Stipulated Protective 4 Order in the above-captioned action, understands the terms thereof, and agrees to be bound by its 5 terms. The undersigned submits to the jurisdiction of the United States District Court for the 6 District of Nevada in matters relating to the Stipulated Protective Order and understands that the 7 terms of the Stipulated Protective Order obligate him/her to use materials designated as 8 CONFIDENTIAL in accordance with the Order solely for the purposes of the above-captioned 9 action, and not to disclose any such materials designated as CONFIDENTIAL to any other 10 Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 11 12 person, firm, or concern. The undersigned acknowledges that violation of the Stipulated Protective Order may result in penalties for contempt of court. 13 14 Name: __________________________________________ 15 Business Address: __________________________________________ 16 Date: _________________ 17 Signature: ____________________________ 18 19 20 21 22 23 24 25890172.1 25 26 27 28 -5-

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