Leoni v. Experian Information Solutions, Inc. et al

Filing 9

ORDER Granting 8 Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 7/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 9 10 11 12 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: (702) 825-6060 FAX: (702) 447-8048 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Phone: (702) 880-5554 FAX: (702) 385-5518 Email: dkrieger@hainesandkrieger.com 13 Attorneys for Plaintiff 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 16 DAVID LEONI, 17 18 19 20 21 Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., and MILITARY STAR, Defendants. 22 23 24 25 : : : : : : : : : : : : : Case No. 2:17-cv-01408-RFB-VCF Judge Richard F. Boulware, II [PROPOSED] STIPULATED PROTECTIVE ORDER IT IS HEREBY STIPULATED by and between Plaintiff DAVID LEONI (“Plaintiff”), 26 27 28 and Defendant EXPERIAN INFORMATION SOLUTIONS, INC., (“Experian”), by and through their counsel of record, as follows: -1- 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 8 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, 9 testimony or information produced or given in this action which are designated to be subject to 10 this Order in accordance with the terms hereof. 11 12 13 14 15 16 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 17 papers to be filed with the Court incorporate documents or information subject to this Order, the 18 party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and 19 shall file them with the clerk under seal; provided, however, that a copy of such filing having the 20 confidential information deleted therefrom may be made part of the public record. Any party 21 filing any document under seal must comply with the requirements of Local Rules. 22 4. All documents, transcripts, or other materials subject to this Order, and all 23 information derived therefrom (including, but not limited to, all testimony, deposition, or 24 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 25 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and 26 Experian for any business, commercial or competitive purposes or for any purpose whatsoever 27 other than solely for the preparation and trial of this action in accordance with the provisions of 28 this Order. -2- 1 2 3 4 5 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 6 confidential hereunder) may not be disclosed other than in accordance with this Order and may 7 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this 8 9 10 11 12 13 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 14 documents prepared after the date of his or her departure; and (f) experts specifically retained as 15 consultants or expert witnesses in connection with this litigation. 16 6. Documents produced pursuant to this Order shall not be made available to any 17 person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to 18 be bound by its terms, and signed the attached Declaration of Compliance. 19 7. All persons receiving any or all documents produced pursuant to this Order shall 20 21 22 23 24 25 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 above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or transcript shall disseminate or disclose 26 them to any person other than those described above in Paragraph 5 and for the purposes 27 specified, and in no event, shall such person make any other use of such document or transcript. 28 8. Nothing in this Order shall prevent a party from using at trial any information or -3- 1 materials designated “Confidential.” 2 3 4 5 9. 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. 6 10. Within sixty (60) days after the final termination of this litigation, all documents, 7 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 8 9 10 11 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. 11. 12 13 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 14 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 15 party objecting to the designation may seek appropriate relief from this Court. During the 16 pendency of any challenge to the designation of a document or information, the designated 17 document or information shall continue to be treated as “Confidential” subject to the provisions 18 of this Protective Order. 12. 19 Nothing herein shall affect or restrict the rights of any party with respect to its 20 own documents or to the information obtained or developed independently of documents, 21 transcripts and materials afforded confidential treatment pursuant to this Order. 22 23 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. 24 25 26 27 28 /// -4- 1 2 3 4 5 6 7 IT IS SO STIPULATED. Dated: July 5, 2017 /s/ Miles N. Clark Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com /s/ Jennifer Braster Jennifer L. Braster, Esq. Nevada Bar No. 9982 Andrew J. Sharples, Esq. Nevada Bar No. 12866 NAYLOR & BRASTER Email: jbraster@naylorandbrasterlaw.com Email: asharples@naylorandbrasterlaw.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC Email: dkrieger@hainesandkrieger.com Counsel for Experian Information Solutions, Inc. 8 9 10 11 12 Counsel for Plaintiff 13 ORDER 14 15 IT IS SO ORDERED. 16 July 6, 2017 Dated: __________, _____ 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -5- 1 2 EXHIBIT A Leoni v. Experian Information Solutions, Inc. et al., Case No. 2:17-cv-01408-RFB-VCF 3 DECLARATION OF COMPLIANCE 4 I, _____________________________________, declare as follows: 5 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 6 7 8 9 10 _______________, 20___. 5. 12 13 14 I have carefully read and understand the provisions of this Stipulated Protective 6. I will comply with all provisions of this Stipulated Protective Order. 7. 11 I will hold in confidence, and will not disclose to anyone not qualified under the Order. 15 Stipulated Protective Order, any information, documents or other materials produced subject to 16 this Stipulated Protective Order. 17 18 19 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 20 information, documents or other materials produced subject to this Stipulated Protective Order, 21 and all documents or things which I have prepared relating to the information, documents or 22 other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or 23 to counsel for the party by whom I am employed or retained or from whom I received the 24 documents. 25 26 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective Order in this action. 27 28 -6- 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 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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