Farmer v. Experian Information Solutions, Inc. et al

Filing 45

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 9/21/2017. (Copies have been distributed pursuant to the NEF - SLD) Modified to correct signing Judge on 9/21/2017 (SLD).

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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 14 Attorneys for Plaintiff 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 TIMOTHY FARMER, 18 19 Plaintiff, STIPULATED PROTECTIVE ORDER vs. 20 21 22 23 24 EXPERIAN INFORMATION SOLUTIONS, INC., EQUIFAX INFORMATION SERVICES, LLC, TRANS UNION LLC, ALLY FINANCIAL, CHASE MTG., FIRST TENNESSEE BANK, WELLS FARGO, WELLS FARGO BANK NA, AND WELLS FARGO FINANCIAL CARDS, 25 Defendants. 26 27 28 Case No.: 2:17-cv-01669-APG-VCF /// [Proposed] Stipulated Protective Order - 1 32763635V1 1 IT IS HEREBY STIPULATED by and between Plaintiff TIMOTHY FARMER 2 (“Plaintiff”), and Defendants EXPERIAN INFORMATION SOLUTIONS, INC.; EQUIFAX 3 INFORMATION SERVICES, LLC; TRANS UNION LLC; ALLY FINANCIAL; WELLS 4 5 FARGO; WELLS FARGO BANK N.A.; WELLS FARGO FINANCIAL CARDS and FIRST 6 TENNESSEE BANK, (collectively, the “Parties”), by and through their counsel of record, as 7 follows: 1 8 WHEREAS, documents and information have been and may be sought, produced or 9 exhibited by and among the parties to this action relating to trade secrets, confidential research, 10 11 12 development, technology or other proprietary information belonging to the defendants and/or personal income, credit and other confidential information of Plaintiff. 13 14 THEREFORE, an Order of this Court protecting such confidential information shall be and hereby is made by this Court on the following terms: 15 1. 16 This Order shall govern the use, handling and disclosure of all documents, 17 testimony or information produced or given in this action which are designated to be subject to 18 this Order in accordance with the terms hereof. 2. 19 Any party or non-party producing or filing documents or other materials in this 20 action may designate such materials and the information contained therein subject to this Order 21 by typing or stamping on the front of the document, or on the portion(s) of the document for 22 which confidential treatment is designated, “Confidential” or “Confidential – Attorney’s Eyes 23 Only” (hereinafter collectively referred to as “Confidential Information”). 24 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 25 26 27 28 1 Defendant Chase Mtg., (“JP Morgan Chase Bank, N.A.”) (hereinafter, “Chase”), and Plaintiff have filed a notice of settlement, and Chase did not participate in the telephonic conference. [Proposed] Stipulated Protective Order - 2 32763635V1 1 papers to be filed with the Court incorporate documents or information subject to this Order, the 2 party filing such papers shall designate such materials, or portions thereof, as “Confidential 3 Information,” and shall file them with the clerk under seal; provided, however, that a copy of 4 such filing having the confidential information deleted therefrom may be made part of the public 5 6 7 record. Any party filing any document under seal must comply with the requirements of Local Rules. 4. 8 9 All documents, transcripts, or other materials subject to this Order, and all information derived therefrom (including, but not limited to, all testimony, deposition, or 10 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 11 Information hereunder), shall not be used, directly or indirectly, by any person, including 12 Plaintiff, Experian Information Solutions, Inc., Equifax Information Services, LLC, Trans Union 13 LLC, Ally Financial, Chase Mtg., Wells Fargo, Wells Fargo Bank Na, and Wells Fargo Financial 14 Cards for any business, commercial or competitive purposes or for any purpose whatsoever other 15 than solely for the preparation and trial of this action in accordance with the provisions of this 16 Order. 17 5. Except with the prior written consent of the individual or entity designating a 18 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, 19 any document, transcript or pleading given “Confidential” treatment under this Order, and any 20 information contained in, or derived from any such materials (including but not limited to, all 21 deposition testimony that refers, reflects or otherwise discusses any information designated 22 23 24 25 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 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 26 witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need 27 to know such information; (e) present or former employees of the producing party in connection 28 [Proposed] Stipulated Protective Order - 3 32763635V1 1 with their depositions in this action (provided that no former employees shall be shown 2 documents prepared after the date of his or her departure; and (f) experts specifically retained as 3 consultants or expert witnesses in connection with this litigation. 4 6. Documents produced pursuant to this Order shall not be made available to any 5 6 7 8 9 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 is 10 disclosed are hereby enjoined from disclosing same to any person except as provided herein, and 11 are further enjoined from using same except in the preparation for and trial of the above- 12 captioned action between the named parties thereto. No person receiving or reviewing such 13 confidential documents, information or transcript shall disseminate or disclose them to any 14 person other than those described above in Paragraph 5 and for the purposes specified, and in no 15 event, shall such person make any other use of such document or transcript. 16 17 18 8. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential Information.” 9. Except with the prior written consent of the individual or entity designating a 19 document or portions of a document as “Confidential – Attorney’s Eyes Only,” or pursuant to 20 prior Order after notice, any document, transcript or pleading given “Confidential – Attorney’s 21 Eyes Only” treatment under this Order, and any information contained in, or derived from any 22 23 24 25 such materials (including but not limited to, all deposition testimony that refers, 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, and (b) counsel for the parties. Materials designated “Confidential – 26 Attorney’s Eyes Only” may not be shared with the party’s respective clients, and may be shared 27 with that party’s expert and/or expert rebuttal witness (whoever is designated) only after the 28 [Proposed] Stipulated Protective Order - 4 32763635V1 1 parties meet and confer on the matter. In no event will anyone other than the party’s attorneys as 2 well as the Court and its officers view the document until the attached Declaration of 3 Compliance has been signed. 4 10. This Order has been agreed to by the parties to facilitate discovery and the 5 6 7 8 9 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 Information,” nor the failure to make such designation, shall constitute evidence with respect to any issue in this action. 11. 10 Within sixty (60) days after the final termination of this litigation, all documents, 11 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 12 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 13 the good faith judgment of counsel are work product materials, shall be returned to the Producing 14 Party. 15 12. In the event that any party to this litigation disagrees at any point in these 16 proceedings with any designation made under this Protective Order, the parties shall first try to 17 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 18 party objecting to the designation may seek appropriate relief from this Court. During the 19 pendency of any challenge to the designation of a document or information, the designated 20 document or information shall continue to be treated as “Confidential Information” subject to the 21 provisions of this Protective Order. The designating party shall have the burden of proving 22 23 24 25 that any document designated as CONFIDENTIAL INFORMATION is entitled to such protection. 13. 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, 26 transcripts and materials afforded confidential treatment pursuant to this Order. 27 14. 28 The Court retains the right to allow disclosure of any subject covered by this [Proposed] Stipulated Protective Order - 5 32763635V1 1 stipulation or to modify this stipulation at any time in the interest of justice. 2 3 4 5 6 7 8 IT IS SO STIPULATED. Dated: September 20, 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 Edward San Chang, Esq. (Pro Hac Vice) JONES DAY 3161 Michelson Dr Ste 800 Irvine, CA 92612 Email: echang@jonesday.co 9 10 11 12 13 Counsel for Plaintiff Counsel for Defendant Experian Information Solutions, Inc. 14 15 16 17 18 19 /s/ Bradley T. Austin Bradley T. Austin, Esq. Nevada Bar No. 13064 SNELL & WILMER LLP 3883 Howard Hughes Pkwy., Ste. 1100 Las Vegas, NV 89169 Email: baustin@swlaw.com /s/ Jason Revzin Jason Revzin, Esq. Nevada Bar No.8629 LEWIS BRISBOIS BISGAARD & SMITH 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Email: Jason.revzin@lewisbrisbois.com Counsel for Defendant Equifax Information Services, LLC Counsel for Defendant Trans Union LLC /s/ Gregg A. Hubley Gregg A. Hubley, Esq. Nevada Bar No. 7386 BROOKS HUBLEY LLP 1645 Village Center Circle, Ste. 200 Las Vegas, NV 89134 Email: ghubley@brookshubley.com Counsel for Defendant Ally Financial /s/ Kent F. Larsen Kent F. Larsen, Esq. Nevada Bar No. 3463 SMITH LARSEN & WIXOM 1935 Village Center Circle Las Vegas, NV 89134 Email: kfl@slwlaw.com Counsel for Defendant JP Morgan Chase Bnak, N.A., improperly sued as Chase Mtg. 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 6 32763635V1 1 2 3 4 5 6 7 8 /s/ Kelly H. Dove Kelly H. Dove, Esq. Nevada Bar No. 10569 Tayna N. Lewis, Esq. Nevada Bar No. 8855 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway Las Vegas, NV 89169 Email: kdove@swlaw.com Email: tlewis@swlaw.com Counsel for Defendants Wells Fargo, Wells Fargo Bank N.A., and Wells Fargo Financial Cards /s/ Rex D. Garner Rex D. Garner, Esq. Nevada Bar No. 9401 AKERMAN LLP 1160 Town Center Dr., Suite 330 Las Vegas, NV 89144 Email: rex.garner@akerman.com Counsel for Defendant First Tennessee Bank 9 10 STIPULATED PROTECTIVE ORDER 11 12 13 IT IS SO ORDERED. September 21, 2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 14 15 Farmer v. Experian Information Solutions, Inc. et al 2:17-CV-01669-APG-VCF 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 7 32763635V1 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 (Farmer v. Experian Information Solutions, Inc. et al; 2:17-cv-01669-APG-VCF) 4 I, _____________________________________, declare as follows: 5 1. 9 10 My present occupation or job description is _________________________. 4 8 My present employer is ________________________________________. 3. 7 My address is ________________________________________________. 2. 6 I have received a copy of the Stipulated Protective Order entered in this action on _______________, 20___. 5. I have carefully read and understand the provisions of this Stipulated Protective 13 6. I will comply with all provisions of this Stipulated Protective Order. 14 7. I will hold in confidence, and will not disclose to anyone not qualified under the 11 12 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 23 24 25 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. 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 26 Stipulated Protective Order in this action. 27 28 [Proposed] Stipulated Protective Order - 8 32763635V1 1 I declare under penalty of perjury under the laws of the United States that the following is 2 true and correct. 3 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 [Proposed] Stipulated Protective Order - 9 32763635V1

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