Alexander v. Equifax Information Services LLC et al
Filing
48
PROTECTIVE ORDER. Signed by Magistrate Judge Nancy J. Koppe on 5/11/2017. (Copies have been distributed pursuant to the NEF - SLD)
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 1 of 8
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: (702) 825-6060
FAX: (702) 447-8048
Email: matthew.knepper@knepperclark.com
Email: miles.clark@knepperclark.com
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: (702) 880-5554
FAX: (702) 385-5518
Email: dkrieger@hainesandkrieger.com
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
14
15
Bobby Alexander,
16
17
18
19
20
Plaintiff,
v.
Equifax Information Services, LLC; Experian
Information Solutions, Inc.; Flagstar Bancorp,
Inc. d/b/a Flagstar Bank; and Silver State
Schools Credit Union,
Defendants.
21
:
:
: Case No. 17-cv-139-APG-NJK
:
:
: JOINT MOTION FOR [PROPOSED]
: STIPULATED PROTECTIVE ORDER
:
:
:
:
:
22
23
24
25
26
27
28
Plaintiff Bobby Alexander and Defendant Experian Information Solutions, Inc.
(“Experian”), through their respective attorneys of record, move for entry of a stipulated
protective order, as follows:1
1
A copy of this protective order was also circulated to Defendants Equifax Information Services, LLC
(“Equifax”), Silver State Schools Credit Union (“SSSCU”), and Flagstar Bancorp, Inc. d/b/a Flagstar Bank
(“Flagstar”) (collectively, “the Parties”) at the parties’ 26(f) conference, however, notices of settlement have now
been filed as to all three parties and they remain “active” parties in name only.
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 2 of 8
1
WHEREAS, documents and information have been and may be sought, produced or
2
exhibited by and among the parties to this action relating to trade secrets, confidential research,
3
development, technology or other proprietary information belonging to the defendants and/or
4
personal income, credit and other confidential information of Plaintiff.
5
6
7
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,
8
testimony or information produced or given in this action which are designated to be subject to
9
this Order in accordance with the terms hereof.
10
2.
Any party or non-party producing or filing documents or other materials in this
11
action may designate such materials and the information contained therein subject to this Order
12
by typing or stamping on the front of the document, or on the portion(s) of the document for
13
which confidential treatment is designated, “Confidential.”
14
3.
To the extent any motions, briefs, pleadings, deposition transcripts, or other
15
papers to be filed with the Court incorporate documents or information subject to this Order, the
See order issued
16
party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and
concurrently herewith
17
shall file them with the clerk under seal; provided, however, that a copy of such filing having the
18
confidential information deleted therefrom may be made part of the public record. Any party
19
filing any document under seal must comply with the requirements of Local Rules.
20
4.
All documents, transcripts, or other materials subject to this Order, and all
21
information derived therefrom (including, but not limited to, all testimony, deposition, or
22
otherwise, that refers, reflects or otherwise discusses any information designated Confidential
23
hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, Experian,
24
Equifax, SSSCU, or Flagstar for any business, commercial or competitive purposes or for any
25
purpose whatsoever other than solely for the preparation and trial of this action in accordance
26
with the provisions of this Order.
27
5.
Except with the prior written consent of the individual or entity designating a
28
2 of 8
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 3 of 8
1
document or portions of a document as “Confidential,” or pursuant to prior Order after notice,
2
any document, transcript or pleading given “Confidential” treatment under this Order, and any
3
information contained in, or derived from any such materials (including but not limited to, all
4
deposition testimony that refers, reflects or otherwise discusses any information designated
5
confidential hereunder) may not be disclosed other than in accordance with this Order and may
6
not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this
7
litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and
8
employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact
9
witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need
10
to know such information; (e) present or former employees of the producing party in connection
11
with their depositions in this action (provided that no former employees shall be shown
12
documents prepared after the date of his or her departure; and (f) experts specifically retained as
13
consultants or expert witnesses in connection with this litigation.
14
6.
Documents produced pursuant to this Order shall not be made available to any
15
person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to
16
be bound by its terms, and signed the attached Declaration of Compliance.
17
7.
All persons receiving any or all documents produced pursuant to this Order shall
18
be advised of their confidential nature. All persons to whom confidential information and/or
19
documents are disclosed are hereby enjoined from disclosing same to any person except as
20
provided herein, and are further enjoined from using same except in the preparation for and trial
21
of the above-captioned action between the named parties thereto. No person receiving or
22
reviewing such confidential documents, information or transcript shall disseminate or disclose
23
them to any person other than those described above in Paragraph 5 and for the purposes
24
specified, and in no event shall such person make any other use of such document or transcript.
25
26
27
8.
Nothing in this Order shall prevent a party from using at trial any information or
materials designated “Confidential.”
9.
This Order has been agreed to by the parties to facilitate discovery and the
28
3 of 8
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 4 of 8
1
production of relevant evidence in this action. Neither the entry of this Order, nor the
2
designation of any information, document, or the like as “Confidential,” nor the failure to make
3
such designation, shall constitute evidence with respect to any issue in this action.
4
10.
Within sixty (60) days after the final termination of this litigation, all documents,
5
transcripts, or other materials afforded confidential treatment pursuant to this Order, including
6
any extracts, summaries or compilations taken therefrom, but excluding any materials which in
7
the good faith judgment of counsel are work product materials, shall be returned to the Producing
8
Party.
9
11.
In the event that any party to this litigation disagrees at any point in these
10
proceedings with any designation made under this Protective Order, the parties shall first try to
11
resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the
12
party objecting to the designation may seek appropriate relief from this Court. During the
13
pendency of any challenge to the designation of a document or information, the designated
14
document or information shall continue to be treated as “Confidential” subject to the provisions
15
of this Protective Order.
16
12.
Nothing herein shall affect or restrict the rights of any party with respect to its
17
own documents or to the information obtained or developed independently of documents,
18
transcripts and materials afforded confidential treatment pursuant to this Order.
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
4 of 8
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 5 of 8
1
2
13.
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.
3
Dated May 6, 2017
4
Respectfully submitted,
5
6
7
8
9
10
11
12
13
/s/ Miles N. Clark
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/ Jennifer L. Braster
Jennifer L Braster
Nevada Bar No. 9982
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Attorney for Defendant Experian Information
Solutions, Inc.
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Attorneys for Plaintiff
ORDER
14
IT IS SO ORDERED.
15
May 11, 2017
Dated: __________, _____
16
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
5 of 8
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 6 of 8
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
8.
I will use such information, documents or other materials produced subject to this
Stipulated Protective Order only for purposes of this present action.
17
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
20
other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or
21
to counsel for the party by whom I am employed or retained or from whom I received the
22
documents.
23
10.
I hereby submit to the jurisdiction of this Court for the purposes of enforcing the
24
Stipulated Protective Order in this action.
25
//
26
//
27
//
28
6 of 8
Case 2:17-cv-00139-APG-NJK Document 46 Filed 05/10/17 Page 7 of 8
1
2
3
I declare under penalty of perjury under the laws of the United States that the following is
true and correct.
Executed this ____ day of _____________, 2017 at __________________.
4
_______________________________
QUALIFIED PERSON
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7 of 8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?