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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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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GEORGE C. PICHON,

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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
:
:
:
:

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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,

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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 WELLS

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FARGO HOME MORTGAGE and WELLS FARGO FINANCIAL CARDS; for any business,

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commercial or competitive purposes or for any purpose whatsoever other than solely for the

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preparation and trial of this action in accordance with the provisions of this Order. Any party

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challenging a designation of confidentiality shall have the burden of proof to establish that the

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information or document is not entitled to such protection.

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5.

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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6.

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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7.

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

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person designated in Subparagraph 5(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.

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 5 and for the purposes specified,

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No person receiving or

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

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9.

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

materials designated “Confidential.”

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10.

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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11.

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.

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12.

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. The designating party

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shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to

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such protection. (Doc. 25). During the pendency of any challenge to the designation of a document

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or information, the designated document or information shall continue to be treated as

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“Confidential” subject to the provisions of this Protective Order.

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13.

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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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.

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///

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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
[phone]
[e-mail]
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: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
Wells Fargo Bank, N.A. (incorrectly named as
Wells Fargo Home Mortgage and Wells Fargo
Financial Cards)

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ORDER
IT IS SO ORDERED.
Dated: 5/30/2017 _____
__________,

UNITED STATES MAGISTRATE JUDGE

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