Hales v. Grant & Weber, Inc et al

Filing 60

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 11/9/17. (Copies have been distributed pursuant to the NEF - SLD)

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Allison R. Schmidt, Esq.
Nevada Bar No. 10743
ALLISON R. SCHMIDT ESQ. LLC
8465 W. SAHARA AVE.
Suite 111-504
Las Vegas, Nevada 89117
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DANIEL S. HALES,

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Plaintiff,

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v.

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Case No. 2:17-cv-00414-RFB-VCF

GRANT & WEBER, INC.; BARCLAYS
BANK DELAWARE; CHASE BANK,
NATIONAL ASSOCIATION; FIRST
NATIONAL BANK OF OMAHA;
EQUIFAX INFORMATION SERVICES,
LLC; EXPERIAN INFORMATION
SOLUTIONS, LLC,

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STIPULATED
PROTECTIVE ORDER

Defendants

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IT IS HEREBY STIPULATED by Plaintiff Daniel S. Hales (“Plaintiff”) and

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Defendants EXPERIAN INFORMATION SOLUTIONS, INC (“EXPERIAN”),

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BARCLAYS

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SERVICES, LLC (“Equifax”) and First National Bank of Omaha (FNBO) (collectively,

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the “Parties”), through their attorneys of record as follows:

BANK

DELAWARE

(“Barclays”),

EQUIFAX

INFORMATION

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

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produced or exhibited by and among the parties to this action relating to secret,

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proprietary, private, or confidential information, including, but not limited to, trade

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secrets, confidential research, development, technology, employment or personnel

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records, financial records, information regarding company structure and strategies, and

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any other proprietary information not readily available to the public belonging to the

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defendants and/or personal income, credit and other confidential information of Plaintiff.

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THEREFORE, an Order of this Court protecting such confidential information

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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,

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

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subject to 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

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this action who believes, or reasonably should believe, such documents or other materials

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represent commercially or personally sensitive information, trade secrets or proprietary

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material may designate such materials and the information contained therein subject to

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

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document for which confidential treatment is designated, “Confidential.”

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3.

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

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

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Order, the party filing such papers shall designate such materials, or portions thereof, as

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“Confidential,” and shall file them with the clerk under seal; provided, however, that a

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copy of such filing having the confidential information deleted therefrom may be made

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part of the public record. Any party filing any document under seal must comply with the

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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

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Confidential hereunder), shall not be used, directly or indirectly, by any person, including,

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without limitation, Plaintiff, Equifax, FNBO, Barclays or Experian, for any business,

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

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the 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

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

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

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Order, and any information contained in, or derived from any such materials (including

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but not limited to, all deposition testimony that refers, reflects or otherwise discusses any

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information designated confidential hereunder) may not be disclosed other than in

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accordance with this Order and may not be disclosed to any person other than: (a) the

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Court and its officers; (b) parties to this litigation; (c) counsel for the parties, whether

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retained counsel or in-house counsel and employees of counsel assigned to assist such

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counsel in the preparation of this litigation; (d) fact witnesses subject to a proffer to the

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Court or a stipulation of the parties that such witnesses need to know such information;

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(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

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

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consultants or expert witnesses in connection with this litigation.

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6.

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

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Order, agreed to be bound by its terms, and signed the attached Declaration of

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Compliance.

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

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shall be advised of their confidential nature. All persons to whom confidential information

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and/or documents are disclosed are hereby enjoined from disclosing same to any person

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except as provided herein, and are further enjoined from using same except in the

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preparation for and trial of the above-captioned action between the named parties thereto.

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No person receiving or reviewing such confidential documents, information or transcript

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shall disseminate or disclose them to any person other than those described above in

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Paragraph 5 and for the purposes specified, and in no event shall such person make any

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other use of such document, information, or transcript.

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8.

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

information or materials designated “Confidential.”
9.

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

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

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

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10.

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

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documents, transcripts, or other materials afforded confidential treatment pursuant to this

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Order, including any extracts, summaries or compilations taken therefrom, but excluding

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any materials which in the good faith judgment of counsel are work product materials,

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shall be returned to the Producing Party.

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11.

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

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proceedings with any designation made under this Protective Order, that party shall notify

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the disclosing party of its disagreement with the Confidential information designation as

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soon as possible, but in no event later than forty-five (45) days of the designation of the

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discovery material as Confidential. Counsel for the parties shall then endeavor to reach

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an agreement regarding the status of the affected discovery material within ten (10)

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business days of the date notice of the disagreement was given (the “Meet and Confer

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Period”). If no agreement has been reached upon the expiration of the Meet and Confer

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Period, the party seeking the designation of Confidential information may seek

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appropriate relief from the Court. Any application for such relief must be filed and served,

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if at all, within thirty (30) days following the expiration of the Meet and Confer Period.

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

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

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subject to the provisions of this Protective Order.
12.

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

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

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documents, transcripts and materials afforded confidential treatment pursuant to this

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Order.
13.

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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.

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Dated this 29th day of September, 2017.
ALLISON R. SCHMIDT ESQ., LLC

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NAYLOR & BRASTER

/s/ Miles N. Clark
Allison R. Schmidt, Esq.
Nevada Bar No. 10743
ALLISON R. SCHMIDT ESQ. LLC
8465 W. SAHARA AVE.
Suite 111-504
Las Vegas, Nevada 89117
Phone: [phone]
Fax: [phone]
Email: [e-mail]

/s/ Jennifer L. Braster
Jennifer L. Braster, Esq.
Nevada Bar No. 9982
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Attorney for Defendant Experian
Information Solutions, Inc.

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

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LEWIS ROCA ROTHGERBER CHRISTIE

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/s/ J Christopher Jorgensen
J. Christopher Jorgensen, Esq.
Nevada Bar No. 5382
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169
Phone: [phone]
Email: [e-mail]
Attorneys for Barclays Bank Delaware

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SNELL & WILMER LLP
/s/ Bradley T. Austin
Bradley T. Austin, Esq.
Nevada Bar No. 13064
3883 Howard Hughes Pkwy., Ste1100
Las Vegas, NV 89169
Phone: [phone]
Email: [e-mail]
Attorneys for Equifax Information
Services, LLC

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/s/ Stephen R. Kopolow
Cory J. Rooney, Esq.
PO Box 382
Omaha, NE 68101
Phone: [phone]
Email: [e-mail]
Stephen R. Kopolow, Esq.
STEPHEN R. KOPOLOW, P.C.
Nevada Bar No. 8533
3265 N. Fort Apache; Ste. 202
Las Vegas, NV 89129
Phone: [phone]
Email: [e-mail]
Attorneys for First National Bank of Omaha
ORDER

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
11-9-2017
DATED: _______________________

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Hales v. Grant & Weber, Inc., et al
2:17-CV-00414-RFB-VCF

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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(Hales v. Grant & Weber, Inc., et al; Case No. 2:17-CV-00414-RFB-VCF)

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I, _____________________________________, declare as follows:
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My address is ________________________________________________.

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My present employer is ________________________________________.

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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___.
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I have carefully read and understand the provisions of this Stipulated Protective
Order.
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I will comply with all provisions of this Stipulated Protective Order.

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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.
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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.
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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