Foskaris v. Experian Information Solutions, INC

Filing 38

AMENDED STIPULATED PROTECTIVE ORDER re 37 Stipulation for Amended Protective Order. Signed by Magistrate Judge Peggy A. Leen on 10/18/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 1 of 9

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Jennifer L. Braster
Nevada Bar No. 9982
[e-mail]
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(T) [phone]
(F) [phone]
Cheryl L. O’Connor (admitted pro hac vice)
CA Bar No. 173897
[e-mail]
Brianne J. Kendall (admitted pro hac vice)
CA Bar No. 287669
[e-mail]
JONES DAY
3161 Michelson Drive
Suite 800
Irvine, CA 92612.4408
(T) [phone]
(F) [phone]
Attorneys for Defendant
Experian Information Solutions, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS FOSKARIS,
Plaintiff,

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v.
EXPERIAN INFORMATION SOLUTIONS,
INC.,

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[PROPOSED] AMENDED STIPULATED
PROTECTIVE ORDER
Complaint Filed: February 20, 2017

Defendants.

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Case No. 2:17-cv-506-KJD-PAL

IT IS HEREBY STIPULATED by and between Plaintiff Thomas Foskaris (“Plaintiff”)1
and Defendant Experian Information Solutions, Inc. (“Experian”), through their respective
attorneys of record:
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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Plaintiff has also asserted class action allegations. To the extent a class is certified,
Plaintiff shall be defined to include all class members.
[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 2 of 9

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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

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and hereby is made by this Court on the following terms and supersedes the protective order

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entered on May 9, 2017 (Dkt. # 13):

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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 subject to this

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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 (a “Producing Party”) may designate such materials and the information contained therein

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

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

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3.

If a Producing Party believes in good faith that, despite the provisions of this

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Protective Order, there is a substantial risk of identifiable harm to the Producing Party if particular

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documents it designates as “Confidential” are disclosed to all other Parties or non-parties to this

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action, the Producing Party may designate those particular documents as “Confidential—

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Attorneys’ Eyes Only.”

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4.

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,” or

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“Confidential—Attorneys’ Eyes Only” and shall file them with the clerk under seal; provided,

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however, that a copy of such filing having the confidential information deleted therefrom may be

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made 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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5.

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” or

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 3 of 9

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“Confidential—Attorneys’ Eyes Only” hereunder), shall not be used, directly or indirectly, by any

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person, including Plaintiff and Experian for any business, commercial or competitive purposes or

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for any purpose whatsoever other than solely for the preparation and trial of this action in

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accordance with the provisions of this Order. As set forth in the preceding sentence, materials

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subject to this Order shall only be used for the preparation and trial of this action and shall not be

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used in any litigation other than the above-captioned action.

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6.

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 not

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be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c)

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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 who have signed the “Declaration of Compliance”

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(Exhibit A).

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7.

Except with the prior written consent of a Producing Party designating a document

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or portions of a document as “Confidential—Attorneys’ Eyes Only”, or pursuant to prior Order

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after notice, any document, transcript or pleading given “Confidential—Attorneys’ Eyes Only”

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treatment under this Order, and any information contained in, or derived from any such materials

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

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any information designated “Confidential—Attorneys’ Eyes Only” hereunder) may not be

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

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disclosed other than in accordance with this Order and may not be disclosed to any person other

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than: (a) a party’s retained outside counsel of record in this action, as well as employees of said

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outside counsel to whom it is reasonably necessary to disclose the information for this litigation

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who have signed the “Declaration of Compliance” that is attached hereto as Exhibit A; (b) experts

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specifically retained as consultants or expert witnesses in connection with this litigation who have

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signed the “Declaration of Compliance” that is attached hereto as Exhibit A; (c) the Court and its

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personnel; (d) court reporters, their staffs, and professional vendors to whom disclosure is

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reasonably necessary for this litigation who have signed the “Declaration of Compliance” that is

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attached hereto as Exhibit A; and (e) the author of the document or the original source of the

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information.
8.

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

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person designated in Subparagraph 6(f) or 7(a), (b) & (d) 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 Compliance attached

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hereto as Exhibit A.

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

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advised of their confidential nature.

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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. No person receiving or reviewing

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such confidential documents, information or transcript shall disseminate or disclose them to any

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person other than those described above in Paragraph 6 and Paragraph 7 and for the purposes

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

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10.

All persons to whom confidential information and/or

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

materials designated “Confidential” or “Confidential—Attorneys’ Eyes Only.”
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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” or “Confidential—Attorneys’ Eyes

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 5 of 9

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Only” nor the failure to make such designation, shall constitute evidence with respect to any issue

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in this action.

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12.

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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13.

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. During the pendency of

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

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information shall continue to be treated as “Confidential” or “Confidential—Attorneys’ Eyes

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Only” subject to the provisions of this Protective Order.

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14.

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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15.

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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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 6 of 9

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IT IS SO STIPULATED.
DATED this 11th day of October, 2017.

NAYLOR & BRASTER

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By: /s/ Jennifer L. Braster
Jennifer L. Braster
Nevada Bar No. 9982
[e-mail]
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

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Cheryl L. O’Connor (admitted pro hac vice)
CA Bar No. 173897
[e-mail]
JONES DAY
3161 Michelson Drive
Suite 800
Irvine, CA 92612.4408

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Attorneys for Defendant Experian Information
Solutions, Inc.

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DATED this 11th day of October, 2017.

KNEPPER & CLARK LLC

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By: /s/ Miles N. Clark
Miles N. Clark
10040 W. Cheyenne Ave.
Suite 170-109
Las Vegas,, NV 89129

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Attorneys for Plaintiff Thomas Foskaris

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IT IS SO ORDERED.

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Dated this 18th day of October, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 7 of 9

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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I, _____________________________________, declare as follows:

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1.

My address is ________________________________________________.

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2.

My present employer is ________________________________________.

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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

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_______________, 20___.

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5.

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

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6.

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

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7.

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

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Order.

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

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this Stipulated Protective Order.

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8.

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

Stipulated Protective Order only for purposes of this present action.

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9.

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

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

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

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

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

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10.

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

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Stipulated Protective Order in this action.

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//

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//

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//

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 8 of 9

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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 _____________, 20__ at __________________.

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_______________________________
QUALIFIED PERSON

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL

Case 2:17-cv-00506-KJD-PAL Document 37 Filed 10/11/17 Page 9 of 9

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CERTIFICATE OF SERVICE

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I hereby certify that on October 11, 2017, and pursuant to the Federal Rules of Civil

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Procedure, a true and correct copy of the foregoing [PROPOSED] AMENDED STIPULATED

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PROTECTIVE ORDER was served via the U.S. District Court’s electronic filing system to all

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individuals entitled to receive notice of the same

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David H. Krieger, Esq.
Haines & Krieger, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
[e-mail]

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Matthew I Knepper
Miles N. Clark
Knepper & Clark, LLC
10040 W. Cheyenne Ave. Suite 170-109
Las Vegas, NV 89129
Email: [e-mail]
Email: [e-mail]

Attorneys for Plaintiff
/s/ Amy Reams
An Employee of Naylor & Braster

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NAI-1503107154v2

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[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-00506-KJD-PAL