Mironovich v. Equifax, Inc. et al

Filing 27

PROTECTIVE ORDER on ECF No. 26 Stipulation re confidential information. Signed by Magistrate Judge Carl W. Hoffman on 10/31/2017. (Copies have been distributed pursuant to the NEF - DRM)

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Jennifer L. Braster
Nevada Bar No. 9982
Andrew J. Sharples
Nevada Bar No. 12866
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(T) [phone]
(F) [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Experian Information Solutions, Inc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TATYANA MIRONOVICH,
Plaintiff,
vs.

Case No. 2:17-cv-01476-MMD-CWH
STIPULATED PROTECTIVE ORDER
Complaint filed: May 24, 2017

EQUIFAX, INC., EXPERIAN
INFORMATION SOLUTIONS, INC., and
NATIONSTAR MORTGAGE, LLC,
Defendants.

IT IS HEREBY STIPULATED by and between Plaintiff Tatyana Mironovich (“Plaintiff”),
Equifax, Inc. (“Equifax”), Nationstar Mortgage, LLC (“Nationstar”), and Defendant Experian
Information Solutions, Inc. (“Experian”) (collectively, “the Parties”) through their respective
attorneys 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:

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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 such papers shall designate such materials, or portions thereof, as “Confidential” and shall
file them with the clerk under seal; provided, however, that a copy of such filing having the
confidential information deleted therefrom may be made part of the public record. Any party
filing any document under seal must comply with the requirements of Civil 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 given in a deposition,
declaration or otherwise, that refers, reflects or otherwise discusses any information designated
“Confidential”, shall not be used, directly or indirectly, by any person, including Plaintiff,
Equifax, Nationstar, and/or Experian, for any business, commercial or competitive purposes or
for any purpose whatsoever other than solely for 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 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 to, 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

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litigation; (c) counsel for the parties, whether retained outside 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; and (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.

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.
7.

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

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.
10.

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

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the good faith judgment of counsel are work product materials, shall be returned to the Producing
Party.
11.

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 in accordance with Civil Local Rules. 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.
12.

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.

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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.
IT IS SO STIPULATED.

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Dated: October 30, 2017

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NAYLOR & BRASTER

SNELL & WILMER L.L.P.

By: /s/ Jennifer L. Braster
Jennifer L. Braster
Nevada Bar No. 9982
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

By: /s/ Bradley T. Austin
Bradley T. Austin
Nevada Bar No. 13064
3883 Howard Hughes Pkwy, Suite 1100
Las Vegas, NV 89169

Attorneys for Defendant Experian
Information Solutions, Inc.

Attorneys for Equifax, Inc.

GESUND & PAILET LLC

AKERMAN LLP

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By: /s/ Keren E. Gesund
Keren E. Gesund
Nevada Bar No. 10881
5550 Painted Mirage Road
Suite 320
Las Vegas, NV 89149

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By: /s/ Tenesa S. Scaturro
Melanie D. Morgan
Nevada Bar No. 8215
Tenesa S. Scaturro
Nevada Bar No. 12488
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144

Attorneys for Plaintiff

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Attorneys for Defendant Nationstar Mortgage
LLC

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IT IS SO ORDERED.
October 31, 2017
Dated: __________, _____

UNITED STATES MAGISTRATE JUDGE

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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___.
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.
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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NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

10.

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

Stipulated Protective Order in this action.

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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 _____________, 2017 at __________________.

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_______________________________
QUALIFIED PERSON

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NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

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