Harris v. Nissan-Infiniti LT et al

Filing 16

STIPULATED PROTECTIVE ORDER re 15 Stipulation for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 3/27/17. (Copies have been distributed pursuant to the NEF - MMM)

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
14
15
16
17
18

Sean N. Payne, Esq.
Nevada Bar No. 13216
PAYNE LAW FIRM LLC
9550 S. Eastern Ave., Suite 253-A213
Las Vegas, NV 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]
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 Becky Harris
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

19
20
BECKY HARRIS,
21
22
23
24

Plaintiff,
v.
NISSAN-INFINITI LT; SPECIALIZED
LOAN SERVICING, LLC; and EXPERIAN
INFORMATION SOLUTIONS, INC,

25
26
27
28

Defendants.

:
: Case No. 2:17-cv-00191-JCM-VCF
:
:
:
: [PROPOSED] STIPULATED
: PROTECTIVE ORDER
:
:
:
:

1

IT IS HEREBY STIPULATED by and between Plaintiff Becky Harris (“Plaintiff”),

2

Defendant Experian Information Solutions, Inc. (“Experian”) and Defendant Specialized Loan

3

Servicing, LLC (“SLS”) (collectively, “the Parties”) through their respective attorneys of record

4

as follows:

5

WHEREAS, documents and information have been and may be sought, produced or

6

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

7

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

8

personal income, credit and other confidential information of Plaintiff.

9
10
11

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,

12

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

13

this Order in accordance with the terms hereof.

14

2.

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

15

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

16

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

17

which confidential treatment is designated, “Confidential.”

18

3.

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

19

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

20

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

21

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

22

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

23

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

24

4.

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

25

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

26

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

27

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

28
2 of 7

1

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

2

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

3

this Order.

4

5.

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

consultants or expert witnesses in connection with this litigation.

18

6.

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

19

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

20

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

21

7.

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

22

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

23

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

24

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

25

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

26

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

27

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

28
3 of 7

1

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

2
3

8.

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

materials designated “Confidential.”

4

9.

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

5

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

6

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

7

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

8

10.

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

9

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

10

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

11

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

12

Party.

13

11.

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

14

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

15

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

16

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

17

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

18

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

19

of this Protective Order.

20

12.

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

21

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

22

transcripts and materials afforded confidential treatment pursuant to this Order.

23

//

24

//

25

//

26

//

27

//

28
4 of 7

1
2
3

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.
IT IS SO STIPULATED.

4

Dated: March 24, 2017

5

PAYNE LAW FIRM LLC

MAUPIN NAYLOR BRASTER

By: /s/ Sean N. Payne
Sean N. Payne
Nevada Bar No. 13216
9550 S. Eastern Ave., Suite 253-A213
Las Vegas, NV 89123

By: /s/ Jennifer L. Braster
Jennifer L. Braster
Nevada Bar No. 9982
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

6
7
8
9
10
11
12
13
14
15
16
17

Miles N. Clark
Nevada Bar No. 13848
Matthew I. Knepper
Nevada Bar No. 12796
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave. Suite 170-109
Las Vegas, NV 89129
David H. Krieger
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123

Attorneys for Defendant Experian Information
Solutions, Inc.

GREENBERG TRAURIG, LLP
By: /s/ Michael R. Hogue
Jacob D. Bundick
Nevada Bar No. 9772
Michael R. Hogue
Nevada Bar No. 12400
3773 Howard Hughes Parkway, Suite 400N
Las Vegas, NV 89169

Attorneys for Plaintiff
Attorneys for Defendant Specialized Loan
Servicing LLC

18
19
20
21
22

ORDER
IT IS SO ORDERED.
March 27, 2017
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
5 of 7

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 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.

24

//

25

//

26

//

27
28
6 of 7

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 _____________, 2016 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 7