Cabebe v. Equifax Information Services, LLC

Filing 95

FIRST AMENDED STIPULATED PROTECTIVE ORDER re 94 Stipulation. Signed by Magistrate Judge Nancy J. Koppe on 1/19/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02866-RFB-NJK Document 94 Filed 01/19/18 Page 1 of 7

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David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
FAX: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SHARON BARNUM; JERRY P. CABEBE,
ROBERT SUSTRIK, and all similarly situated
individuals,
Plaintiffs,
v.
EQUIFAX INFORMATION SERVICES,
LLC,
Defendant.

:
:
:
: Civil Action No.: 2:16-cv-2866-RFB-NJK
:
: [PROPOSED] FIRST AMENDED
: STIPULATED PROTECTIVE ORDER
:
:

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IT IS HEREBY STIPULATED by and between Plaintiffs Sharon Barnum, Jerry Cabebe,

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and Robert Sustrik (collectively, “Plaintiffs”) and Defendant EQUIFAX INFORMATION

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SERVICES, LLC (“EQUIFAX”) through their 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 Defendant and/or

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personal income, credit and other confidential information of Plaintiffs.

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THEREFORE, an Order of this Court protecting such confidential information shall be and

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DMSLIBRARY01:30075915.1

Case 2:16-cv-02866-RFB-NJK Document 94 Filed 01/19/18 Page 2 of 7

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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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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 by

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

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confidential treatment is designated, “Confidential.”

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3.

See Order issued at ECF No. 22.

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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 Plaintiffs and Equifax

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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 the provisions of 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, any

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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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not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation;

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(c) counsel for the parties, whether retained counsel or in-house counsel, and employees of counsel

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assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a

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proffer to the Court or a stipulation of the parties that such witnesses need to know such

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information; (e) present or former employees of the producing party in connection with their

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depositions in this action (provided that no former employees shall be shown documents prepared

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Case 2:16-cv-02866-RFB-NJK Document 94 Filed 01/19/18 Page 3 of 7

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after the date of his or her departure); and (f) experts specifically retained as consultants or expert

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witnesses in connection with this litigation.

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6.

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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7.

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.

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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 specified,

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and in no event shall such person make any other use of such document or transcript.

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8.

No person receiving or

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

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the confidentiality and protect the rights of the party asserting confidential treatment with respect

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to any information designated by said party as “Confidential” in accordance with this Order.

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9.

If “Confidential” information submitted in accordance with this Order is disclosed

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in violation of this Order, the party responsible for the disclosure must immediately upon learning

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of the disclosure bring all pertinent facts relating to such disclosure to the attention of the party

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asserting confidential treatment and make every effort to prevent further disclosure by the

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responsible party or by the person who was the recipient of such information.

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10.

Nothing in this Order shall prevent a party from using at the trial of this case any

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information or materials designated “Confidential.” This Order does not prevent any party from

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seeking to seal trial transcripts and/or trial exhibits, including documents previously filed under

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seal, or from seeking any other similar relief.

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11.

This Order has been agreed to by the parties to facilitate discovery and the

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 such

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designation, shall constitute evidence with respect to any issue in this action.

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12.

Within 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 any

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extracts, summaries or compilations taken therefrom, but excluding any materials which in the

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good faith judgment of counsel are work product materials, shall be returned to the producing

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party. The producing party may elect to have its designated materials destroyed rather than

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returned, in which case the other party shall provide written verification that the documents,

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transcripts, or other materials, including any extracts, summaries or compilations taken therefrom,

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have been destroyed.

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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 party

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objecting to the designation may seek appropriate relief from this Court. During the pendency of

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any challenge to the designation of a document or information, the designated document or

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information shall continue to be treated as “Confidential” subject to the provisions of this

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Protective Order.

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14.

Nothing herein shall affect or restrict the rights of any party with respect to its own

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

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and materials afforded confidential treatment pursuant to this Order.

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Case 2:16-cv-02866-RFB-NJK Document 94 Filed 01/19/18 Page 5 of 7

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15.

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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IT IS SO STIPULATED.

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Dated: January 19, 2018.

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/s/ Matthew I. Knepper
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129

/s/ Zach A. McEntyre
Zachary A. McEntyre
Misty L. Peterson
KING & SPALDING LLP
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [e-mail]
Email: [e-mail]

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Attorneys for Plaintiffs

Bryan Zubay
KING & SPALDING LLP
1100 Louisiana, Ste. 4000
Houston, TX 77002
Email: [e-mail]
Bradley T Austin
Nevada Bar No. 13064
SNELL & WILMER LLP
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169

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Attorney for Defendant Equifax Information
Services, LLC

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ORDER
IT IS SO ORDERED.
January 19, 2018
Dated: __________, _____

UNITED STATES MAGISTRATE JUDGE

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Case 2:16-cv-02866-RFB-NJK Document 94 Filed 01/19/18 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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4

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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9. Upon termination of this action, or upon request, I will destroy or return all information,

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documents or other materials produced subject to this Stipulated Protective Order to counsel by

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whom I am employed or retained SAVE and EXCEPT documents or other materials that: (i)

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constitute work product or that form the bases of opinions expressed as an attorney-expert; (ii) is

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stored on backup storage media made in accordance with regular data backup procedures for

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disaster recovery purposes; or (iii) is located in email archives or archived electronic files, provided

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however that these materials continue to be subject to the terms of this Protective Order. Backup

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storage media will not be restored for purposes of returning or certifying destruction of

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Confidential Information but such retained information shall continue to be treated in accordance

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with this Protective Order.

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///

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Case 2:16-cv-02866-RFB-NJK Document 94 Filed 01/19/18 Page 7 of 7

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10.

I hereby submit to the jurisdiction of this Court for the purposes of enforcing the

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Stipulated Protective Order in this action.

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I declare under penalty of perjury under the laws of the United States that the following is true and

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correct.

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Executed this ____ day of _____________, 2018 at __________________.

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_______________________________
QUALIFIED PERSON

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