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)

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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 4 5 6 7 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 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: (702) 880-5554 12 FAX: (702) 385-5518 Email: dkrieger@hainesandkrieger.com 13 Attorneys for Plaintiff 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 16 WILLIAM K. HUMPHREYS, 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20 with the clerk under seal; provided, however, that a copy of such filing having the confidential 21 22 23 24 25 26 27 28 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 2 Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. /// 27 /// 28 4 Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 5 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 Office: (702) 880-5554 dkrieger@hainesandkrieger.com /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: 702-784-5252 Email: cgianelloni@swlaw.com Email: jcools@swlaw.com Email: vbohman@swlaw.com Email: bolson@swlaw.com Attorneys for Plaintiff William K. Humphreys Attorneys for Defendant Experian Information Solutions, Inc. 16 17 18 ORDER 19 20 IT IS SO ORDERED. 21 April 25, 2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 5 Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 6 of 7 1 EXHIBIT A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DECLARATION OF COMPLIANCE I, _____________________________________, declare as follows: 1. My address is ________________________________________________. 2. My present employer is ________________________________________. 3. My present occupation or job description is _________________________. 4 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. 24 25 26 27 28 6 Case 2:17-cv-00300-JCM-NJK Document 16 Filed 04/24/17 Page 7 of 7 1 2 3 4 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 __________________. 5 _______________________________ QUALIFIED PERSON 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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