Bagdasarian v. Ford Motor Credit Co. et al

Filing 29

STIPULATED PROTECTIVE ORDER re 28 Stipulation for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 8/22/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 (T) (702) 880-5554 (F) (702) 967-6665 Attorneys for Plaintiff ZACHARY J. P. BAGDASARIAN 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 ZACHARY J. P. BAGDASARIAN, 10 11 12 13 14 15 Plaintiff, Case No. 2:17-cv-01481-RFB-VCF [PROPOSED] STIPULATED PROTECTIVE ORDER v. FORD MOTOR CREDIT CO.; VW CREDIT INC.; WELLS FARGO DEALER SERVICES; KAY JEWELERS; WELLS FARGO CARD SERVICES; EQUIFAX INFORMATION SERVICES, LLC; TRANS UNION, LLC,, Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between Plaintiff ZACHARY J. P. BAGDASARIAN (“Plaintiff”) and Defendants WELLS FARGO CARD SERVICES and TRANS UNION, LLC, (collectively, the “Parties”), by and through their counsel 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: 1 1. This Order shall govern the use, handling and disclosure of all documents, 2 testimony or information produced or given in this action which are designated to be subject to 3 this Order in accordance with the terms hereof. 4 2. Any party or non-party producing or filing documents or other materials in this 5 action may designate such materials and the information contained therein subject to this Order 6 by typing or stamping on the front of the document, or on the portion(s) of the document for 7 which confidential treatment is designated, “Confidential.” 8 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 9 papers to be filed with the Court incorporate documents or information subject to this Order, the 10 party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and 11 shall file them with the clerk under seal; provided, however, that a copy of such filing having the 12 confidential information deleted therefrom may be made part of the public record. Any party 13 filing any document under seal must comply with the requirements of Local Rules. 14 4. All documents, transcripts, or other materials subject to this Order, and all 15 information derived therefrom (including, but not limited to, all testimony, deposition, or 16 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 17 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and 18 Defendants WELLS FARGO CARD SERVICES and TRANS UNION, LLC, commercial or 19 competitive purposes or for any purpose whatsoever other than solely for the preparation and 20 trial of this action in accordance with the provisions of this Order. 21 5. All depositions or portions of depositions taken in this action that contain 22 confidential information may be designated as “Confidential” and thereby obtain the protections 23 accorded other confidential information. The parties shall have twenty-one (21) days from the 24 date a deposition is taken, or fourteen (14) days from the date a deposition transcript is received, 25 whichever date is greater, to serve a notice to all parties designating portions as “Confidential.” 26 Until such time, all deposition testimony shall be treated as confidential information. To the 27 extent any designations are made on the record during the deposition, the designating party need 28 2 of 7 1 not serve a notice re-designating those portions of the transcript as confidential information. 2 Any party may challenge any such designation in accordance with Paragraph 14 of this Order. 3 6. Except with the prior written consent of the individual or entity designating a 4 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, 5 any document, transcript or pleading given “Confidential” treatment under this Order, and any 6 information contained in, or derived from any such materials (including but not limited to, all 7 deposition testimony that refers, reflects or otherwise discusses any information designated 8 confidential hereunder) may not be disclosed other than in accordance with this Order and may 9 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this 10 litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and 11 employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact 12 witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need 13 to know such information; (e) present or former employees of the producing party in connection 14 with their depositions in this action (provided that no former employees shall be shown 15 documents prepared after the date of his or her departure); and (f) experts specifically retained as 16 consultants or expert witnesses in connection with this litigation. 17 7. Documents produced pursuant to this Order shall not be made available to any 18 person designated in Subparagraph 6 (f) unless he or she shall have first read this Order, agreed 19 to be bound by its terms, and signed the attached Declaration of Compliance. 20 8. Third parties who are the subject of discovery requests, subpoenas or 21 depositions in this case may take advantage of the provisions of this Protective Order by 22 providing the parties with written notice that they intend to comply with and be bound by the 23 terms of this Protective Order. 24 9. All persons receiving any or all documents produced pursuant to this Order shall 25 be advised of their confidential nature. All persons to whom confidential information and/or 26 documents are disclosed are hereby enjoined from disclosing same to any person except as 27 provided herein, and are further enjoined from using same except in the preparation for and trial 28 3 of 7 1 of the above-captioned action between the named parties thereto. 2 reviewing such confidential documents, information or transcript shall disseminate or disclose 3 them to any person other than those described above in Paragraph 6 and for the purposes 4 specified, and in no event, shall such person make any other use of such document or transcript. 5 6 7 10. No person receiving or Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 11. This Order has been agreed to by the parties to facilitate discovery and the 8 production of relevant evidence in this action. 9 designation of any information, document, or the like as “Confidential,” nor the failure to make 10 11 Neither the entry of this Order, nor the such designation, shall constitute evidence with respect to any issue in this action. 12. Inadvertent failure to designate any document, transcript, or other materials 12 “Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality 13 pursuant to this Order, so long as a claim of confidentiality is promptly asserted after discovery 14 of the inadvertent failure. If a party designates a document as “Confidential” after it was 15 initially produced, the receiving party, on notification of the designation, must make a 16 reasonable effort to assure that the document is treated in accordance with the provisions of 17 this Order, and upon request from the producing party certify that the designated documents 18 have been maintained as confidential information. The designating party shall have the 19 burden of proving that any document designated as CONFIDENTIAL is entitled to such 20 protection. 21 13. Within sixty (60) days after the final termination of this litigation, all documents, 22 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 23 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 24 the good faith judgment of counsel are work product materials, shall be returned to the Producing 25 Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 26 27 14. 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 28 4 of 7 1 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 2 party objecting to the designation may seek appropriate relief from this Court. During the 3 pendency of any challenge to the designation of a document or information, the designated 4 document or information shall continue to be treated as “Confidential” subject to the provisions 5 of this Protective Order. 6 15. Nothing herein shall affect or restrict the rights of any party with respect to its 7 own documents or to the information obtained or developed independently of documents, 8 transcripts and materials afforded confidential treatment pursuant to this Order. 9 10 11 12 16. 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. Dated August 17, 2017 17 /s/ David H. Krieger, Esq. David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 Office: (702) 880-5554 18 Attorneys for Plaintiff 13 14 15 16 /s/ Tanya N. Lewis, Esq. Tanya N. Lewis Snell & Wilmer, LLP 3883 Howard Hughes Parkway Suite 1100 Las Vegas, NV 89169 Attorneys for Defendant WELLS FARGO CARD SERVICES /s/ Jason Revzin, Esq. Jason Revzin, Esq. Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd. Suite 600 Las Vegas, NV 89118 19 20 21 22 Attorneys for Defendant TRANS UNION LLC 23 24 25 26 27 ORDER IT IS SO ORDERED. August 22, 2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 28 5 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 … 24 25 … 26 27 … 28 6 of 7 1 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 2 Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the 3 United States that the following is true and correct. 4 Executed this ____ day of _____________, 2017 at __________________. 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 of 7

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