Foskaris v. Experian Information Solutions, INC

Filing 13

PROTECTIVE ORDER re 11 Stipulation re Protective Order. Signed by Magistrate Judge Peggy A. Leen on 5/9/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 1 of 7

1
2
3
4
5
6
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: [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]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

14
15
16

THOMSAS FOSKARIS, and all similarly
situated individuals,

17
18
19
20

Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS,
INC.

21

Defendant.

22

:
:
:
:
: Civil Action No.: 17-cv-506-KJD-GWF
:
:
: [PROPOSED] STIPULATED
: PROTECTIVE ORDER
:
:
:
:

23
24

IT IS HEREBY STIPULATED by and between Plaintiff Thomas Foskaris (“Plaintiff”)1

25

and Defendant Experian Information Solutions, Inc. (“Experian”), through their respective

26

attorneys of record as follows:

27
28

1

Plaintiff has also asserted class action allegations. To the extent a class is certified,
Plaintiff shall be defined to include all class members.

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 2 of 7

1

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

2

exhibited by and among the parties to this action relating to trade secrets, confidential research,

3

development, technology or other proprietary information belonging to the defendants and/or

4

personal income, credit and other confidential information of Plaintiff.

5
6
7

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,

8

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

9

this Order in accordance with the terms hereof.

10

2.

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

11

action may designate such materials and the information contained therein subject to this Order

12

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

13

which confidential treatment is designated, “Confidential.”

14

3.

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

15

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

16

party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and

17

shall file them with the clerk under seal; provided, however, that a copy of such filing having the

18

confidential information deleted therefrom may be made part of the public record. Any party

19

filing any document under seal must comply with the requirements of Local Rules.

20

4.

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

21

information derived therefrom (including, but not limited to, all testimony, deposition, or

22

otherwise, that refers, reflects or otherwise discusses any information designated Confidential

23

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

24

Experian for any business, commercial or competitive purposes or for any purpose whatsoever

25

other than solely for the preparation and trial of this action in accordance with the provisions of

26

this Order.

27

5.

Except with the prior written consent of the individual or entity designating a

28
2 of 7

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 3 of 7

1

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

2

any 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

7

litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and

8

employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact

9

witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need

10

to know such information; (e) present or former employees of the producing party in connection

11

with their depositions in this action (provided that no former employees shall be shown

12

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

13

consultants or expert witnesses in connection with this litigation.

14

6.

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

15

person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to

16

be bound by its terms, and signed the attached Declaration of Compliance.

17

7.

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

18

be advised of their confidential nature. All persons to whom confidential information and/or

19

documents are disclosed are hereby enjoined from disclosing same to any person except as

20

provided herein, and are further enjoined from using same except in the preparation for and trial

21

of the above-captioned action between the named parties thereto. No person receiving or

22

reviewing such confidential documents, information or transcript shall disseminate or disclose

23

them to any person other than those described above in Paragraph 5 and for the purposes

24

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

25
26
27

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

28
3 of 7

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 4 of 7

1

production of relevant evidence in this action. Neither the entry of this Order, nor the

2

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

3

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

4

10.

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

5

transcripts, or other materials afforded confidential treatment pursuant to this Order, including

6

any extracts, summaries or compilations taken therefrom, but excluding any materials which in

7

the good faith judgment of counsel are work product materials, shall be returned to the Producing

8

Party.

9

11.

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

10

proceedings with any designation made under this Protective Order, the parties shall first try to

11

resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the

12

party objecting to the designation may seek appropriate relief from this Court. During the

13

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

14

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

15

of this Protective Order.

16

12.

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

17

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

18

transcripts and materials afforded confidential treatment pursuant to this Order.

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28
4 of 7

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 5 of 7

1
2
3

13.

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.
IT IS SO STIPULATED.

4
5
6
7
8
9
10
11
12
13

Dated May 5, 2017
/s/ Miles N. Clark, 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

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

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Attorneys for Plaintiff

14
15
IT IS SO ORDERED
16
17
18

________________________________________
United States Magistrate Judge

May 9, 2017
Dated: ________________

19
20
21
22
23
24
25
26
27
28
5 of 7

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 6 of 7

1

EXHIBIT A

2

DECLARATION OF COMPLIANCE

3

I, _____________________________________, declare as follows:

4

1.

My address is ________________________________________________.

5

2.

My present employer is ________________________________________.

6

3.

My present occupation or job description is _________________________.

7

4

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

8

_______________, 20___.

9

5.

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

11

6.

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

12

7.

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

10

Order.

13

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

14

this Stipulated Protective Order.

15
16

8.

I will use such information, documents or other materials produced subject to this

Stipulated Protective Order only for purposes of this present action.

17

9.

Upon termination of this action, or upon request, I will return and deliver all

18

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

19

and all documents or things which I have prepared relating to the information, documents or

20

other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or

21

to counsel for the party by whom I am employed or retained or from whom I received the

22

documents.

23

10.

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

24

Stipulated Protective Order in this action.

25

//

26

//

27

//

28
6 of 7

Case 2:17-cv-00506-KJD-PAL Document 11 Filed 05/05/17 Page 7 of 7

1
2
3

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 __________________.

4
_______________________________
QUALIFIED PERSON

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7 of 7