Brooks v. Plusfour, Inc. et al

Filing 21

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 11/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

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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 RICHARD M. BROOKS 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 RICHARD M. BROOKS, 10 11 12 13 14 Plaintiff, Case No. 2:17-cv-01529-APG-VCF STIPULATED PROTECTIVE ORDER v. PLUSFOUR, INC.; LITTON MORTGAGE SERVICE CENTER; OCWEN LOAN SERVICING, LLC; EQUIFAX INFORMATION SERVICES, LLC, Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between Plaintiff RICHARD M. BROOKS (“Plaintiff”) and Defendant PLUSFOUR, INC. (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. 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 1 this Order in accordance with the terms hereof. 2 2. Any party or non-party producing or filing documents or other materials in this 3 action may designate such materials and the information contained therein subject to this Order 4 by typing or stamping on the front of the document, or on the portion(s) of the document for 5 which confidential treatment is designated, “Confidential.” 6 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 7 papers to be filed with the Court incorporate documents or information subject to this Order, the 8 party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and 9 shall file them with the clerk under seal; provided, however, that a copy of such filing having the 10 confidential information deleted therefrom may be made part of the public record. Any party 11 filing any document under seal must comply with the requirements of Local Rules. 12 4. All documents, transcripts, or other materials subject to this Order, and all 13 information derived therefrom (including, but not limited to, all testimony, deposition, or 14 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 15 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, and 16 PLUSFOUR, INC., commercial or competitive purposes or for any purpose whatsoever other 17 than solely for the preparation and trial of this action in accordance with the provisions of this 18 Order. 19 5. All depositions or portions of depositions taken in this action that contain 20 confidential information may be designated as “Confidential” and thereby obtain the protections 21 accorded other confidential information. The parties shall have twenty-one (21) days from the 22 date a deposition is taken, or fourteen (14) days from the date a deposition transcript is received, 23 whichever date is greater, to serve a notice to all parties designating portions as “Confidential.” 24 Until such time, all deposition testimony shall be treated as confidential information. To the 25 extent any designations are made on the record during the deposition, the designating party need 26 not serve a notice re-designating those portions of the transcript as confidential information. 27 Any party may challenge any such designation in accordance with Paragraph 14 of this Order. 28 2 of 7 1 6. Except with the prior written consent of the individual or entity designating a 2 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, 3 any document, transcript or pleading given “Confidential” treatment under this Order, and any 4 information contained in, or derived from any such materials (including but not limited to, all 5 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 litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and 9 employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact 10 witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need 11 to know such information; (e) present or former employees of the producing party in connection 12 with their depositions in this action (provided that no former employees shall be shown 13 documents prepared after the date of his or her departure); and (f) experts specifically retained as 14 consultants or expert witnesses in connection with this litigation. 15 7. Documents produced pursuant to this Order shall not be made available to any 16 person designated in Subparagraph 6 (f) unless he or she shall have first read this Order, agreed 17 to be bound by its terms, and signed the attached Declaration of Compliance. 18 8. Third parties who are the subject of discovery requests, subpoenas or 19 depositions in this case may take advantage of the provisions of this Protective Order by 20 providing the parties with written notice that they intend to comply with and be bound by the 21 terms of this Protective Order. 22 9. All persons receiving any or all documents produced pursuant to this Order shall 23 be advised of their confidential nature. All persons to whom confidential information and/or 24 documents are disclosed are hereby enjoined from disclosing same to any person except as 25 provided herein, and are further enjoined from using same except in the preparation for and trial 26 of the above-captioned action between the named parties thereto. 27 reviewing such confidential documents, information or transcript shall disseminate or disclose 28 3 of 7 No person receiving or 1 them to any person other than those described above in Paragraph 6 and for the purposes 2 specified, and in no event, shall such person make any other use of such document or transcript. 3 4 5 10. 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 6 production of relevant evidence in this action. 7 designation of any information, document, or the like as “Confidential,” nor the failure to make 8 such designation, shall constitute evidence with respect to any issue in this action. 9 12. Neither the entry of this Order, nor the Inadvertent failure to designate any document, transcript, or other materials 10 “Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality 11 pursuant to this Order, so long as a claim of confidentiality is promptly asserted after discovery 12 of the inadvertent failure. If a party designates a document as “Confidential” after it was 13 initially produced, the receiving party, on notification of the designation, must make a 14 reasonable effort to assure that the document is treated in accordance with the provisions of 15 this Order, and upon request from the producing party certify that the designated documents 16 have been maintained as confidential information. The designating party shall have the 17 burden of proving that any document designated as CONFIDENTIAL is entitled to such 18 protection. 19 13. Within sixty (60) days after the final termination of this litigation, all documents, 20 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 21 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 22 the good faith judgment of counsel are work product materials, shall be returned to the Producing 23 Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 24 14. In the event that any party to this litigation disagrees at any point in these 25 proceedings with any designation made under this Protective Order, the parties shall first try to 26 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 27 party objecting to the designation may seek appropriate relief from this Court. During the 28 4 of 7 1 pendency of any challenge to the designation of a document or information, the designated 2 document or information shall continue to be treated as “Confidential” subject to the provisions 3 of this Protective Order. 4 15. Nothing herein shall affect or restrict the rights of any party with respect to its 5 own documents or to the information obtained or developed independently of documents, 6 transcripts and materials afforded confidential treatment pursuant to this Order. 7 8 9 10 11 12 13 14 15 16 17 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 November 10, 2017 /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 /s/ Raleigh C. Thompson, Esq. Raleigh C. Thompson, Esq. Morris Law Group 411 E. Bonneville Ave. Suite 360 Las Vegas, NV 89101 Attorneys for Plaintiff RICHARD M. BROOKS Attorneys for Defendant PLUSFOUR, INC. 18 19 20 ORDER IT IS SO ORDERED. 11-13-2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 5 of 7 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, _____________________________________, declare as follows: 4 1. 8 9 5. 6. this Stipulated Protective Order. 8. 20 21 22 23 24 I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. 18 19 I will hold in confidence, and will not disclose to anyone not qualified under the Stipulated Protective Order, any information, documents or other materials produced subject to 16 17 I will comply with all provisions of this Stipulated Protective Order. 7. 13 15 I have carefully read and understand the provisions of this Stipulated Protective Order. 12 14 I have received a copy of the Stipulated Protective Order entered in this action on _______________, 20___. 10 11 My present occupation or job description is _________________________. 4 7 My present employer is ________________________________________. 3. 6 My address is ________________________________________________. 2. 5 Upon termination of this action, or upon request, I will return and deliver all information, documents or other materials produced subject to this Stipulated Protective Order, and all documents or things which I have prepared relating to the information, documents or other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to counsel for the party by whom I am employed or retained or from whom I received the documents. … 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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