Mintun v. PHH Mortgage Corp. et al

Filing 32

ORDER approving ECF No. 28 Stipulated Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 4/24/2017. (Copies have been distributed pursuant to the NEF - KR)

Case 2:17-cv-00092-MMD-CWH Document 28 Filed 04/21/17 Page 1 of 6

1
2
3
4
5
6

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]

7
8
9
10
11
12
13

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

14
15

DAWN V. MINTUN,

16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff,
v.
PHH MORTGAGE CORP. D/B/A
MORTGAGE SERVICE CENTER;
WASHINGTON FEDERAL; EQUIFAX
INFORMATION SERVICES, LLC;
EXPERIAN INFORMATION SOLUTIONS,
INC; TRANS UNION, LLC,

:
:
:
:
: Case No. 2:17-cv-00092-MMD-CWH
:
:
[PROPOSED] STIPULATED
: PROTECTIVE ORDER
:
:
:
:

Defendants.
IT IS HEREBY STIPULATED by and between Plaintiff DAWN MINTUN (“Plaintiff”),
and Defendants TRANS UNION, LLC, PHH MORTGAGE CORP. D/B/A MORTGAGE
SERVICE CENTER, and EXPERIAN INFORMATION SOLUTIONS, INC (collectively, the
“Parties”), by and through their counsel of record, as follows:
WHEREAS, documents and information have been and may be sought, produced or

Case 2:17-cv-00092-MMD-CWH Document 28 Filed 04/21/17 Page 2 of 6

1

exhibited by and among the parties to this action relating to trade secrets, confidential research,

2

development, technology or other proprietary information belonging to the defendants and/or

3

personal income, credit and other confidential information of Plaintiff.

4
5
6

THEREFORE, an Order of this Court protecting such confidential information shall be and
hereby is made by this Court on the following terms:
1.

This Order shall govern the use, handling and disclosure of all documents,

7

testimony or information produced or given in this action which are designated to be subject to

8

this Order in accordance with the terms hereof.

9

2.

Any party or non-party producing or filing documents or other materials in this

10

action may designate such materials and the information contained therein subject to this Order

11

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

12

which confidential treatment is designated, “Confidential.”

13

3.

To the extent any motions, briefs, pleadings, deposition transcripts, or other

14

papers to be filed with the Court incorporate documents or information subject to this Order, the

15

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

16

shall file them with the clerk under seal; provided, however, that a copy of such filing having the

17

confidential information deleted therefrom may be made part of the public record. Any party

18

filing any document under seal must comply with the requirements of Local Rules.

19

4.

All documents, transcripts, or other materials subject to this Order, and all

20

information derived therefrom (including, but not limited to, all testimony, deposition, or

21

otherwise, that refers, reflects or otherwise discusses any information designated Confidential

22

hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and

23

Experian for any business, commercial or competitive purposes or for any purpose whatsoever

24

other than solely for the preparation and trial of this action in accordance with the provisions of

25

this Order.

26
27

5.

Except with the prior written consent of the individual or entity designating a

document or portions of a document as “Confidential,” or pursuant to prior Order after notice,

28
2 of 6

Case 2:17-cv-00092-MMD-CWH Document 28 Filed 04/21/17 Page 3 of 6

1

any document, transcript or pleading given “Confidential” treatment under this Order, and any

2

information contained in, or derived from any such materials (including but not limited to, all

3

deposition testimony that refers, reflects or otherwise discusses any information designated

4

confidential hereunder) may not be disclosed other than in accordance with this Order and may

5

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

6

litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and

7

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

8

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

9

to know such information; (e) present or former employees of the producing party in connection

10

with their depositions in this action (provided that no former employees shall be shown

11

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

12

consultants or expert witnesses in connection with this litigation.

13

6.

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

14

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

15

providing the parties with written notice that they intend to comply with and be bound by the

16

terms of this Protective Order.

17

7.

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

18

person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to

19

be bound by its terms, and signed the attached Declaration of Compliance.

20

8.

All persons receiving any or all documents produced pursuant to this Order shall

21

be advised of their confidential nature. All persons to whom confidential information and/or

22

documents are disclosed are hereby enjoined from disclosing same to any person except as

23

provided herein, and are further enjoined from using same except in the preparation for and trial

24

of the above-captioned action between the named parties thereto. No person receiving or

25

reviewing such confidential documents, information or transcript shall disseminate or disclose

26

them to any person other than those described above in Paragraph 5 and for the purposes

27

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

28
3 of 6

Case 2:17-cv-00092-MMD-CWH Document 28 Filed 04/21/17 Page 4 of 6

1
2

9.

Nothing in this Order shall prevent a party from using at trial any information or

materials designated “Confidential.”

3

10.

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

4

production of relevant evidence in this action. Neither the entry of this Order, nor the

5

designation of any information, document, or the like as “Confidential,” nor the failure to make

6

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

7

11.

Within sixty (60) days after the final termination of this litigation, all documents,

8

transcripts, or other materials afforded confidential treatment pursuant to this Order, including

9

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

10

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

11

Party.

12

12.

In the event that any party to this litigation disagrees at any point in these

13

proceedings with any designation made under this Protective Order, the parties shall first try to

14

resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the

15

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

16

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

17

document or information shall continue to be treated as “Confidential” subject to the provisions

18

of this Protective Order.

19

13.

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

20

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

21

transcripts and materials afforded confidential treatment pursuant to this Order.

22
23

14.

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.

24
25
26
27
28
4 of 6

Case 2:17-cv-00092-MMD-CWH Document 28 Filed 04/21/17 Page 5 of 6

1
2
3
4
5
6
7

IT IS SO STIPULATED.
Dated April 21, 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
Email: [e-mail]

/s/ Jason Revzin, Esq.
Jason Revzin, Esq.
Nevada Bar No. 8629
LEWIS BRISBOIS BISGAARD & SMITH
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Office: 702-893-3383
Fax: [phone]
Email: [e-mail]

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Office: [phone]
Email: [e-mail]

Attorneys for Defendant
TransUnion, LLC

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Attorneys for Plaintiff
Dawn V. Mintun
/s/ Jennifer L. Braster
John M. Naylor, Esq.
Nevada Bar No. 5435
Jennifer L Braster, Esq.
Nevada Bar No. 9982
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
Experian Information Solutions, Inc.

23

/s/ Kyle A. Ewing, Esq.
Joel E. Tasca, Eq.
Nevada Bar No. 14124
Kyle A. Ewing, Esq.
Nevada Bar No. 14051
BALLARD SPAHR LLP
100 N. City Parkway, Suite 1750
Las Vegas, NV 89106
Office: 702-471-7000
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
PHH Mortgage Corp. d/b/a/ Mortgage
Service Center

24
ORDER

25
26
27

IT IS SO ORDERED.
April 24, 2017
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE

28
5 of 6

Case 2:17-cv-00092-MMD-CWH Document 28 Filed 04/21/17 Page 6 of 6

1

EXHIBIT A

2

DECLARATION OF COMPLIANCE

3

I, _____________________________________, declare as follows:

4

1.

My address is ________________________________________________.

5

2.

My present employer is ________________________________________.

6

3.

My present occupation or job description is _________________________.

7

4

I have received a copy of the Stipulated Protective Order entered in this action on

8

_______________, 20___.

9

5.

I have carefully read and understand the provisions of this Stipulated Protective

11

6.

I will comply with all provisions of this Stipulated Protective Order.

12

7.

I will hold in confidence, and will not disclose to anyone not qualified under the

10

Order.

13

Stipulated Protective Order, any information, documents or other materials produced subject to

14

this Stipulated Protective Order.

15
16
17

8.

I will use such information, documents or other materials produced subject to this

Stipulated Protective Order only for purposes of this present action.
9.

Upon termination of this action, or upon request, I will return and deliver all

18

information, documents or other materials produced subject to this Stipulated Protective Order,

19

and all documents or things which I have prepared relating to the information, documents or other

20

materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to

21

counsel for the party by whom I am employed or retained or from whom I received the documents.

22

10.

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

23

Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the

24

United States that the following is true and correct.

25

Executed this ____ day of _____________, 2017 at __________________.

26
_______________________________
QUALIFIED PERSON

27
28
6 of 6