Pichon v. Wells Fargo Home Mortgage et al

Filing 30

ORDER Granting 29 Stipulation re Amended Protective Order. Signed by Magistrate Judge George Foley, Jr on 5/30/17. (Copies have been distributed pursuant to the NEF - MR)

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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 GEORGE C. PICHON, 16 17 18 19 20 21 Plaintiff, v. WELLS FARGO HOME MORTGAGE; WELLS FARGO FINANCIAL CARDS; HSBC MORTGAGE SERVICES F/K/A HFC/USCL; EQUIFAX INFORMATION SERVICES, LLC, Defendants. : : : : Case No. 2:17-cv-00275-APG-GWF : : : [PROPOSED] AMENDED STIPULATED : PROTECTIVE ORDER : : : : 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between Plaintiff GEORGE PICHON (“Plaintiff”), and Defendants WELLS FARGO HOME MORTGAGE and WELLS FARGO FINANCIAL CARDS (collectively, the “Parties”), by and through their counsel of record, as follows: WHEREAS, documents and information have been and may be sought, produced or exhibited by and among the parties to this action relating to trade secrets, confidential research, 1 development, technology or other proprietary information belonging to the defendants and/or 2 personal income, credit and other confidential information of Plaintiff. 3 4 5 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, 6 testimony or information produced or given in this action which are designated to be subject to 7 this Order in accordance with the terms hereof. 8 2. Any party or non-party producing or filing documents or other materials in this 9 action may designate such materials and the information contained therein subject to this Order by 10 typing or stamping on the front of the document, or on the portion(s) of the document for which 11 confidential treatment is designated, “Confidential.” 12 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 13 to be filed with the Court incorporate documents or information subject to this Order, the party 14 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 15 file them with the clerk under seal; provided, however, that a copy of such filing having the 16 confidential information deleted therefrom may be made part of the public record. Any party filing 17 any document under seal must comply with the requirements of Local Rules. 18 4. All documents, transcripts, or other materials subject to this Order, and all 19 information derived therefrom (including, but not limited to, all testimony, deposition, or 20 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 21 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and WELLS 22 FARGO HOME MORTGAGE and WELLS FARGO FINANCIAL CARDS; for any business, 23 commercial or competitive purposes or for any purpose whatsoever other than solely for the 24 preparation and trial of this action in accordance with the provisions of this Order. Any party 25 challenging a designation of confidentiality shall have the burden of proof to establish that the 26 information or document is not entitled to such protection. 27 5. Except with the prior written consent of the individual or entity designating a 28 2 of 7 1 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 2 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 litigation; 7 (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel 8 assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a 9 proffer to the Court or a stipulation of the parties that such witnesses need to know such 10 information; (e) present or former employees of the producing party in connection with their 11 depositions in this action (provided that no former employees shall be shown documents prepared 12 after the date of his or her departure; and (f) experts specifically retained as consultants or expert 13 witnesses in connection with this litigation. 14 6. Third parties who are the subject of discovery requests, subpoenas or depositions 15 in this case may take advantage of the provisions of this Protective Order by providing the parties 16 with written notice that they intend to comply with and be bound by the terms of this Protective 17 Order. 18 7. 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 8. 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. 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 specified, 28 3 of 7 No person receiving or 1 and in no event shall such person make any other use of such document or transcript. 2 3 9. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 4 10. 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 designation 6 of any information, document, or the like as “Confidential,” nor the failure to make such 7 designation, shall constitute evidence with respect to any issue in this action. 8 11. 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 any 10 extracts, summaries or compilations taken therefrom, but excluding any materials which in the 11 good faith judgment of counsel are work product materials, shall be returned to the Producing 12 Party. 13 12. 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 party 16 objecting to the designation may seek appropriate relief from this Court. The designating party 17 shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to 18 such protection. (Doc. 25). During the pendency of any challenge to the designation of a document 19 or information, the designated document or information shall continue to be treated as 20 “Confidential” subject to the provisions of this Protective Order. 21 13. Nothing herein shall affect or restrict the rights of any party with respect to its own 22 documents or to the information obtained or developed independently of documents, transcripts 23 and materials afforded confidential treatment pursuant to this Order. 24 25 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. 26 27 /// 28 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 IT IS SO STIPULATED. Dated May 26, 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 (702) 880-5554 dkrieger@hainesandkrieger.com Attorneys for Plaintiff George C. Pichon /s/ Tanya Lewis, Esq. Jeffrey L. Willis, Esq. Nevada Bar No. 4797 Tanya N. Lewis, Esq. Nevada Bar No. 8855 SNELL & WILMER, L.L.P. 3883 Howard Hughes Pkwy., Suite 1100 Las Vegas, NV 89169-5958 Office: (520) 882-1231 Fax: 702-784-5252 Email: jwillis@swlaw.com Email: tlewis@swlaw.com Attorneys for Defendant Wells Fargo Bank, N.A. (incorrectly named as Wells Fargo Home Mortgage and Wells Fargo Financial Cards) 13 14 15 16 ORDER IT IS SO ORDERED. Dated: 5/30/2017 _____ __________, UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 5 of 7

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