Humphreys v. Homeward Residential, Inc et al

Filing 19

ORDER Granting 16 Stipulation for Protective Order. See Order issued concurrently herewith. Signed by Magistrate Judge Nancy J. Koppe on 4/25/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 1 of 7

1 Matthew I. Knepper, Esq.
Nevada Bar No. 12796

2 Miles N. Clark, Esq.
3 Nevada Bar No. 13848
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KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Email: [e-mail]

8 David H. Krieger, Esq.
Nevada Bar No. 9086

9 HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350

10 Henderson, NV 89123
11 Phone: [phone]
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FAX: [phone]
Email: [e-mail]

13 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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WILLIAM K. HUMPHREYS,

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Plaintiff,
v.
HOMEWARD RESIDENTIAL, INC;
BOULDER DAM CREDIT UNION;
EQUIFAX INFORMATION
SERVICES, LLC; EXPERIAN
INFORMATION SOLUTIONS, INC,

:
: Case No. 2:17-cv-00300-JCM-NJK
:
:
:
:
: [PROPOSED] STIPULATED
: PROTECTIVE ORDER
:
:
:
:

Defendants.
IT IS HEREBY STIPULATED by and between Plaintiff WILLIAM K.
HUMPHREYS (“Plaintiff”), and Defendant EXPERIAN INFORMATION

Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 2 of 7

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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 exhibited by and among the parties to this action relating to trade secrets,
confidential research, development, technology or other proprietary information
belonging to the defendants and/or personal income, credit and other confidential
information of Plaintiff.
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, testimony

or information produced or given in this action which are designated to be subject to this Order in
accordance with the terms hereof.
2.

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

may designate such materials and the information contained therein subject to this Order by typing
or stamping on the front of the document, or on the portion(s) of the document for which
confidential treatment is designated, “Confidential.”
3.

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

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

See order such papers shall designate such materials, or portions thereof, as “Confidential,” and shall file them
issued
concurrently herewith
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with the clerk under seal; provided, however, that a copy of such filing having the confidential

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information deleted therefrom may be made part of the public record. Any party filing any
document under seal must comply with the requirements of Local Rules.
4.

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

information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise,
that refers, reflects or otherwise discusses any information designated Confidential hereunder), shall
not be used, directly or indirectly, by any person, including Plaintiff and Experian for any business,
commercial or competitive purposes or for any purpose whatsoever other than solely for the

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Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 3 of 7

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preparation and trial of this action in accordance with the provisions of this Order.
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, any
document, transcript or pleading given “Confidential” treatment under this Order, and any
information contained in, or derived from any such materials (including but not limited to, all
deposition testimony that refers, reflects or otherwise discusses any information designated
confidential hereunder) may not be disclosed other than in accordance with this Order and may not
be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c)
counsel for the parties, whether retained counsel or in-house counsel and employees of counsel
assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a
proffer to the Court or a stipulation of the parties that such witnesses need to know such
information; (e) present or former employees of the producing party in connection with their
depositions in this action (provided that no former employees shall be shown documents prepared
after the date of his or her departure; and (f) experts specifically retained as consultants or expert
witnesses in connection with this litigation.
6.

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

in this case may take advantage of the provisions of this Protective Order by providing the parties
with written notice that they intend to comply with and be bound by the terms of this Protective
Order.
7.

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

designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to be bound
by its terms, and signed the attached Declaration of Compliance.
8.

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

advised of their confidential nature. All persons to whom confidential information and/or
documents are disclosed are hereby enjoined from disclosing same to any person except as provided
herein, and are further enjoined from using same except in the preparation for and trial of the abovecaptioned action between the named parties thereto. No person receiving or reviewing such

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Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 4 of 7

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confidential documents, information or transcript shall disseminate or disclose them to any person
other than those described above in Paragraph 5 and for the purposes specified, and in no event shall
such person make any other use of such document or transcript.
9.

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

materials designated “Confidential.”
10.

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

of relevant evidence in this action. Neither the entry of this Order, nor the designation of any
information, document, or the like as “Confidential,” nor the failure to make such designation, shall
constitute evidence with respect to any issue in this action.
11.

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

transcripts, or other materials afforded confidential treatment pursuant to this Order, including any
extracts, summaries or compilations taken therefrom, but excluding any materials which in the good
faith judgment of counsel are work product materials, shall be returned to the Producing Party.
12.

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

proceedings with any designation made under this Protective Order, the parties shall first try to
resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party
objecting to the designation may seek appropriate relief from this Court. During the pendency of
any challenge to the designation of a document or information, the designated document or
information shall continue to be treated as “Confidential” subject to the provisions of this Protective
Order.
13.

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

documents or to the information obtained or developed independently of documents, transcripts and
materials afforded confidential treatment pursuant to this Order.
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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Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 5 of 7

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IT IS SO STIPULATED.
Dated April 24, 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]
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]
[e-mail]

/s/ Charles E. Gianelloni, Esq.
Charles E. Gianelloni. Esq.
Nevada State Bar No. 12747
Joshua D. Cools, Esq.
Nevada State Bar No. 11941
V. R. Bohman, Esq.
Nevada State Bar No. 13075
Bob L. Olson, Esq.
Nevada State Bar No. 3783
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway
Las Vegas, NV 89169
Office: 702-784-5200
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Attorneys for Plaintiff
William K. Humphreys

Attorneys for Defendant
Experian Information Solutions, Inc.

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ORDER

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April 25, 2017
Dated: __________, _____

UNITED STATES MAGISTRATE JUDGE

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Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 6 of 7

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EXHIBIT A

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DECLARATION OF COMPLIANCE
I, _____________________________________, declare as follows:
1.

My address is ________________________________________________.

2.

My present employer is ________________________________________.

3.

My present occupation or job description is _________________________.

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

_______________, 20___.
5.

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

6.

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

7.

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

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

information, documents or other materials produced subject to this Stipulated Protective Order, and
all documents or things which I have prepared relating to the information, documents or other
materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to counsel
for the party by whom I am employed or retained or from whom I received the documents.
10.

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

Stipulated Protective Order in this action.

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Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 7 of 7

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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 __________________.

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_______________________________
QUALIFIED PERSON

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