Wood v. CIT Bank, N.A. et al

Filing 50

STIPULATED PROTECTIVE ORDER re 49 Amended Stipulation re Protective Order. Signed by Magistrate Judge George Foley, Jr on 5/31/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02976-JCM-GWF Document 49 Filed 05/30/17 Page 1 of 7

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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]
Email: [e-mail]
Email: [e-mail]

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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]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RODNEY H. WOOD,

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Plaintiff,
v.
CIT BANK, NATIONAL
ASSOCIATION; EXPERIAN
INFORMATION SOLUTIONS, INC;
TRANS UNION, LLC,

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Defendants.

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: Case No. 2:16-cv-02976-JCM-GWF
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: [PROPOSED] AMENDED STIPULATED
: PROTECTIVE ORDER
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IT IS HEREBY STIPULATED by and between Plaintiff RODNEY WOOD (“Plaintiff”)

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and Defendant EXPERIAN INFORMATION SOLUTIONS, INC (“EXPERIAN”), (collectively,

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the “Parties”), by and through their counsel 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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Case 2:16-cv-02976-JCM-GWF Document 49 Filed 05/30/17 Page 2 of 7

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

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

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filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall

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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 filing

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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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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 of

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this Order.

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5.

All depositions or portions of depositions taken in this action that contain

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confidential information may be designated as “Confidential” and thereby obtain the protections

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accorded other confidential information. The parties shall have twenty-one (21) days from the date

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Case 2:16-cv-02976-JCM-GWF Document 49 Filed 05/30/17 Page 3 of 7

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a deposition is taken, or fourteen (14) days from the date a deposition transcript is received,

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whichever date is greater, to serve a notice to all parties designating portions as “Confidential.”

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Until such time, all deposition testimony shall be treated as confidential information. To the extent

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any designations are made on the record during the deposition, the designating party need not serve

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a notice re-designating those portions of the transcript as confidential information. Any party may

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challenge any such designation in accordance with Paragraph 14 of this Order.

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6.

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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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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7.

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

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person designated in Subparagraph 6 (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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8.

Third parties who are the subject of discovery requests, subpoenas or depositions

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in this case may take advantage of the provisions of this Protective Order by providing the parties

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with written notice that they intend to comply with and be bound by the terms of this Protective

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Order.

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9.

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 6 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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10.

No person receiving or

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 such

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

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12.

Inadvertent failure to designate any document, transcript, or other materials

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“Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality pursuant

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to this Order, so long as a claim of confidentiality is promptly asserted after discovery of the

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inadvertent failure. If a party designates a document as “Confidential” after it was initially

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produced, the receiving party, on notification of the designation, must make a reasonable effort

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to assure that the document is treated in accordance with the provisions of this Order, and upon

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request from the producing party certify that the designated documents have been maintained as

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confidential information. The designating party shall have the burden of proving that any

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document designated as CONFIDENTIAL is entitled to such protection. (ECF No. 42).

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13.

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. In lieu of return, the parties may agree to destroy the documents, to the extent practicable.

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14.

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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15.

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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16.

The Court retains the right to allow disclosure of any subject covered by this

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stipulation or to modify this stipulation at any time in the interest of justice.

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Case 2:16-cv-02976-JCM-GWF Document 49 Filed 05/30/17 Page 6 of 7

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IT IS SO STIPULATED.
Dated May 30, 2017
/s/ Matthew I. Knepper, Esq.
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
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Office: [phone]
[e-mail]

/s/ Jennifer L Braster, Esq.
Jennifer L Braster, Esq.
Nevada Bar No. 9982
Andrew J. Sharples, Esq.
Nevada Bar No. 12866
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Office: 702-420-7000
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
Experian Information Solutions, Inc

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Attorneys for Plaintiff
Rodney H. Wood

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ORDER
IT IS SO ORDERED.
Dated: May 31, 2017
__________, _____
UNITED STATES MAGISTRATE JUDGE

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